articles: EU law
The under-representation of women in the highest decision-making bodies of companies in the EU was the trigger for the Women on Boards Directive (Directive (EU) 2022/2381 of the European Parliament and of the Council of 23 November 2022 on improving gender balance among directors of listed companies and related measures).
The Directive intends to ensure that women and men enjoy equal opportunities as well as a more balanced representation in top management. In view of their economic and social responsibilities and their significant impact on the market, the largest listed companies are now required to introduce measures that ensure a balance between genders.
A bill is currently being drafted in Poland to implement the Women on Boards Directive, which will affect recruitment and hiring policies and HR processes.
In the current Polish labour market, disclosure of salaries by employers is standard only in certain industries, particularly in the IT sector. Many employers do not disclose salary information to protect company secrets. Hence, it appears, that the norm is not to disclose salary ranges in recruitment advertisements, use of salary secrecy provisions and for employers to increasingly rarely set pay grades, which translates into less disclosure of salaries in organisations.
Directive (EU) 2023/970 of the European Parliament and of the Council to strengthen the application of the principle of equal pay for equal work or work of equal value between men and women through pay transparency and enforcement mechanisms was adopted on 10 May 2023. What new obligations will employers face? How does EU law understand equal pay?
The government’s bill to amend the Labour Code and certain other acts, which seeks to implement solutions provided under EU Directives into Polish legislation[1], may have a significant impact on the employees’ rights and on the corresponding employers’ obligations. The amendment seeks to extend parenthood rights, including by extending parental leave (in the spirit of work-life balance) and to make revolutionary changes in how employment contracts are terminated.
In 2019, the so-called Work-life Balance Directive (Directive (EU) 2019/1158 of the European Parliament and of the Council of 20 June 2019 on work-life balance for parents and carers and repealing Council Directive 2010/18/EU) was adopted. This directive regulates in particular the minimum requirements for:
- Paternity, parental and carers’ leave;
- Flexible working arrangements for employees who are parents or carers.
